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NEW YORK STATE
MULTIPLE DWELLING LAW
Chapter 713 of the Laws of 1929, as amended
ARTICLE 2
MISCELLANEOUS APPLICATION PROVISIONS
Section 8. General application of chapter
to dwellings.
9. Buildings converted or
altered.
10. Time for compliance.
11. Dwellings damaged or moved.
12. Prohibited uses.
13. Application of chapter to
existing dwellings.
14. Application of chapter to
uncompleted dwellings.
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Sec. 8. General application of chapter to dwellings.
All the requirements of this chapter shall apply to all kinds and
classes of multiple dwellings, except where there are specific
provisions, requirements or exceptions for one or more kinds or
classes. A specific provision for one kind or class of dwelling
shall apply only to that kind or class of dwelling to which such
reference is made. Whenever a specific provision is inconsistent
with a general provision of this chapter, the specific provision
shall apply and take precedence. The department shall have power
to classify dwellings in accordance with the provisions of this
chapter.
Sec. 9. Buildings converted or altered.
1. On or after December fifteenth, nineteen hundred sixty-one,
no multiple dwelling shall be enlarged or its lot diminished
so that the yard or other unoccupied areas shall be less in
size or area than the minimum dimensions prescribed in
section twenty-six.
2. A building not a dwelling, if converted or altered after
April eighteenth, nineteen hundred twenty-nine, to a
multiple dwelling, shall thereupon become subject to all the
provisions of this chapter applicable to dwellings of like
class and kind erected after such date.
3. A dwelling of one class or kind, altered or converted after
April eighteenth, nineteen hundred twenty-nine, to another
class or kind, except as hereinafter in this section and in
articles six and seven otherwise provided, shall thereupon
become subject to all the provisions of this chapter
applicable to a building of that class or kind, erected
after such date, to which it is altered or converted.
4. No dwellings shall be altered so as to be in violation of
any provision of this chapter relating to dwellings of like
class and kind erected after April eighteenth, nineteen
hundred twenty-nine, except that it shall be sufficient for
the purposes of this section that tenements shall comply
with article seven, converted dwellings comply with article
six, and lodging houses comply with section sixty-six.
Nothing in this section shall, however, be deemed to
prohibit the conversion or alteration of any multiple
dwelling, other than a converted dwelling and a lodging
house, from a class A to a class B multiple dwelling, or
vice-versa, provided that the entire dwelling is of
fireproof construction and is made to conform to the
applicable provisions of section sixty-seven, and to all
other provisions of this chapter applicable to multiple
dwellings of like class and kind erected before April
eighteenth, nineteen hundred and twenty-nine.
5. a. Any multiple dwelling may be altered to conform
with any provision of this chapter applicable to
dwellings of like class and kind and not expressly
limited in application to dwellings erected after April
eighteenth, nineteen hundred twenty-nine; or to conform
to the provisions of this chapter relating to egress,
or to exits from apartments, in dwellings of like class
and kind erected after such date if such dwelling also
conforms or is made to conform to all the requirements
relating to stairs and public halls in dwellings
erected after such date, except that existing
dimensions of stair landings, treads and risers need
not be changed.
b. An apartment in any part of a fireproof multiple
dwelling erected before April eighteenth, nineteen
hundred twenty-nine, may be altered or subdivided and
need not conform to the requirements of paragraph a of
this section relating to stairs and public halls
provided each newly created apartment has access to a
public hall which provides horizontal egress to at
least two stairs. If both of such stairs are not
arranged and designed as required by sections two
hundred thirty-six and two hundred thirty-seven, at
least one of such stairs shall be so arranged and
designed, and the other shall be arranged and designed
as required by section two hundred thirty-nine. Both
stairs shall be protected by automatic sprinkler heads
throughout.
6. Any tenement previously converted to other uses may be
altered or reconverted to a tenement by complying with the
provisions of article seven, provided, however, that its
height and bulk were not enlarged prior to such alteration
or reconversion except as permitted by and in accordance
with the provisions of sections two hundred eleven and two
hundred twelve of this chapter.
7. In any class B multiple dwelling, except a rooming house or
lodging house, any apartment may be occupied as an apartment
in a class A multiple dwelling, provided such apartment
complies with all the requirements for apartments in class A
multiple dwellings erected after April eighteenth, nineteen
hundred twenty-nine. In any rooming house or lodging house,
one apartment may be occupied as an apartment in a class A
multiple dwelling, provided such apartment is occupied
solely by the owner, janitor, superintendent or caretaker.
8. Any apartment in any class A multiple dwelling may be
occupied for single room occupancy only if such dwelling
complies with the provisions of section two hundred forty-
eight and all other provisions of this chapter applicable to
such dwelling.
9. Excepting a frame dwelling, any dwelling three stories or
less in height erected after April eighteenth, nineteen
hundred twenty-nine as a one or two-family dwelling may be
converted to a multiple dwelling to be occupied by not more
than three families in all, with a maximum occupancy of two
families on each floor in a two story building and one
family on each floor in a three story building, provided
however that it shall be unlawful for any such dwelling
converted at any time since October fifteenth, nineteen
hundred fifty-two, to have any boarders or roomers. In each
such instance, compliance shall be required with all the
provisions of article six, including section one hundred
seventy-a of said article.
10. If any class A dwelling erected before April eighteenth,
nineteen hundred twenty-nine, is altered so as to increase
the number of living rooms by more than twenty per centum,
such dwelling, except as otherwise provided in sections two
hundred eighteen, two hundred thirty-five and two hundred
thirty-six, shall be made to conform to the requirements of
this chapter with respect to class A dwellings of like class
and kind erected after such date.
Sec. 10. Time for compliance.
All alterations required by this chapter upon dwellings erected
before its adoption by or application to any city, town or
village, in whole or in part, shall, unless specifically provided
otherwise in this chapter, be made not later than five years
after such adoption or application, or at such earlier date as
may be deemed necessary by the department in order to remove a
condition dangerous or detrimental to life or health.
Sec. 11. Dwellings damaged or moved.
1. If a multiple dwelling be damaged by fire or other cause to
the extent of two-thirds or more of its value at the time of
such damage exclusive of the value of the foundation, such
dwelling shall not be repaired or rebuilt except in
conformity with the provisions of this chapter relative to
dwellings erected after April eighteenth, nineteen hundred
twenty-nine.
2. If any non-fireproof stair in any multiple dwelling be
damaged by fire or other cause to such extent that such
stair or the first flight thereof above the entrance story
is required to be rebuilt, such stair to the extent that it
is required to be rebuilt shall be fire-retarded throughout.
3. If any dwelling be moved from one lot to another, such
dwelling shall thereupon be made to conform to all the
provisions of this chapter relative to light, ventilation,
fire protection and egress of a dwelling erected after April
eighteenth, nineteen hundred twenty-nine, but no frame
building of any kind whatsoever shall be moved so as to be
placed upon the same lot with any multiple dwelling, nor
shall any multiple dwelling be moved so as to be placed upon
the same lot with any frame building.
Sec. 12. Prohibited uses.
1. It shall be unlawful to use any multiple dwelling or any
part of the lot or premises thereof for the purpose of
prostitution or assignation of any description.
2. It shall be unlawful to keep any horse, cow, calf, swine,
rabbit, sheep, goat, chicken or duck, or any pigeon except
Antwerp or homing pigeons, in or on any multiple dwelling or
on the lot or premises thereof unless permitted by and in
accordance with local law or regulation.
3. It shall be unlawful to use any multiple dwelling or any
part of the lot or premises thereof for the keeping, storing
or handling of any combustible article or any article
dangerous or detrimental to life or health, unless a permit
is obtained for such use in conformity with provisions
prescribed by local law, and where such local law does not
exist, in conformity with provisions prescribed by the fire
department.
Sec. 13. Application of chapter to existing dwellings.
Any building erected and occupied on or before April eighteenth,
nineteen hundred twenty-nine, or thereafter, as a tenement, which
is not recorded as such in the department, shall be required to
comply with all the provisions governing dwellings of like class
or kind erected after such date. Except as otherwise expressly
required in this section and in sections nine and twenty-five,
subdivision six of section thirty-one, and sections thirty-three,
sixty-six and sixty-seven and in articles six and seven, nothing
in this chapter shall be construed to require any change in the
construction, use or occupancy of any multiple dwelling lawfully
occupied as such on April eighteenth, nineteen hundred twenty-
nine, under the provisions of all local laws, ordinances, rules
and regulations applicable thereto on such date; but should the
occupancy of any such dwelling be changed to any other kind or
class after such date, such dwelling shall be required to comply
with the provisions of section nine.
Sec. 14. Application of chapter to uncompleted dwellings.
1. The provisions of this chapter relating to multiple
dwellings erected after April eighteenth, nineteen hundred
twenty-nine, shall not apply to any multiple dwelling for
which plans were on file with the department or a permit to
commence building was issued by the department before August
ninth, nineteen hundred twenty-nine, and the entire building
shall have been completed according to the plans filed with
the department, subject to any lawful subsequent amendment
thereto, before July first, nineteen hundred forty-seven.
2. No provisions of any part of this section shall be deemed to
prohibit the amendment of any plans filed and approved
before April eighteenth, nineteen hundred twenty-nine, if
such amendment would have been lawful before such date, or
if such amendment complies with the requirements of this
chapter for alterations to buildings of like class and kind
existing before April eighteenth, nineteen hundred twenty-
nine.
3. A permit to commence building issued by the department
before April eighteenth, nineteen hundred twenty-nine, based
upon plans filed and approved for a multiple dwelling
described in subdivision one, shall be deemed to be in
compliance with section three hundred.
4. The provisions of this chapter relating to multiple
dwellings erected and occupied as such before April
eighteenth, nineteen hundred twenty-nine, shall apply to the
dwellings described in this section; except, however, that
unless otherwise expressly required in article three nothing
in this chapter shall be construed to require any change in
the plans or occupancy of any such dwelling if it be
fireproof and the plans therefore when filed were in
compliance with the provisions of all local laws,
ordinances, rules and regulations applicable thereto and in
effect on April eighteenth, nineteen hundred twenty-nine, or
were subsequently amended to comply with such provisions.
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